Chandigarh: The Punjab and Haryana High Court has dismissed a plea by Deputy Superintendents of Police (DSPs) appointed under the Outstanding Sports Persons quota, who had sought seniority from the date of their initial appointment rather than after the completion of training.
In a significant ruling that settles a long-running inter-cadre dispute, the division bench of Justice Ashwani Kumar Mishra and Justice Rohit Kapoor held that training is an essential component of probation and must be completed before any officer can be confirmed in service and accorded seniority.
Court: ‘Deemed Confirmation’ Legally Unsustainable
The bench firmly rejected the petitioners’ claim for “deemed confirmation” and seniority dating back to their appointment, calling such demands “legally unsustainable.”
The officers, including petitioner Mamta Kharab and others, had argued that delays in their training were due to their continued representation of India and Haryana in international sporting events and that they should not be penalized for these national duties.
However, the court ruled that Rules 10 and 12 of the Haryana Police Service Rules, 2002, which govern probation, confirmation, and inter-se seniority, were not in conflict, and both must be interpreted together.
“Confirmation can only be granted post successful completion of training and probation. Petitioners cannot bypass these foundational requirements of public service merely because their initial appointment was based on sports excellence,” the bench observed.
Distinct Classes: Sports vs Competitive Recruits
In what is likely to be a precedent-setting clarification, the High Court also drew a firm line between open-merit officers selected via the Haryana Public Service Commission (HPSC) and those appointed under the sports quota, calling them “separate and distinct classes.”
In a second set of petitions, officers like Ashish Chaudhary, selected through open competition, had challenged any attempt to grant retrospective seniority to sports quota DSPs.
The court sided with these competitive recruits, stating –
“The petitioners in the second set are persons who secured appointment on the strength of their merit in the recruitment examination and completed their training earlier. These two sets of petitioners cannot be placed on the same footing, nor can the ‘principle of equality’ be pressed against each other.”
Promotion to IPS Cleared; Quota Officers Lose Seniority Battle
The High Court’s decision paves the way for long-delayed promotions of DSPs to the Indian Police Service (IPS) under the State Promotion Quota, as the issue of inter-se seniority had been a key bottleneck.
With the legal position clarified, open-merit officers who completed training and were confirmed earlier retain their seniority advantage, positioning them for IPS elevation ahead of their sports quota counterparts.
Background: Rules, Petitions & Timeline
- Rule 10 of the Haryana Police Service Rules, 2002 deals with probation and confirmation.
- Rule 12 governs inter-se seniority after confirmation.
- In April 2021, a similar issue arose when the Authority included a woman chairperson, avoiding the need for a separate woman member.
- The dispute escalated in 2024–2025, with dual petitions filed by both sets of officers.
- The court’s ruling now conclusively affirms that seniority flows only after training and confirmation, regardless of appointment basis.
